[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Proposed Rules]
[Pages 41257-41258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14976]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 2 and 3

[Docket No. APHIS-2012-0107]


Petition To Amend Animal Welfare Act Regulations To Prohibit 
Public Contact With Big Cats, Bears, and Nonhuman Primates

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice; reopening of comment period.

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SUMMARY: We are reopening the comment period for a petition requesting 
amendments to the Animal Welfare Act regulations and standards 
pertaining to physical contact with dangerous animals. We are 
especially interested in receiving public comments on the additional 
questions included in this notice. We are providing information about 
upcoming virtual stakeholder listening sessions and other efforts 
intended to gather additional public comment. This action will allow 
interested persons additional time to prepare and submit comments and 
further inform our thinking on the handling of dangerous animals.

DATES: The comment period for the notice published on August 5, 2013 
(78 FR 47215) and reopened on October 24, 2013 (78 FR 63408) is 
reopened. We will consider all comments that we receive on or before 
August 31, 2016. The virtual listening sessions described in this 
notice will be held on Wednesday, June 29, 2016, from 1 p.m. to 3 p.m. 
eastern time (ET); Wednesday, July 6, 2016, from 1 p.m. to 3 p.m. ET; 
and Thursday, August 4, 2016, from 1 p.m. to 3 p.m. ET. Registration is 
required to participate in the listening sessions. Links for 
registering to participate in the virtual listening sessions are 
included in the Web site in footnote 2 below.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0107.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2012-0107, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2012-
0107 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kohn, Senior Staff 
Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, 
MD 20737-1234; (301) 851-3751.

SUPPLEMENTARY INFORMATION: 
    On August 5, 2013, we published in the Federal Register (78 FR 
47215-47217, Docket No. APHIS-2012-0107) a notice \1\ making available 
for comment a petition requesting amendments to the Animal Welfare Act 
(AWA) regulations and standards, including amendments to prohibit 
licensees from allowing individuals, with certain exceptions, from 
coming into direct or physical contact with big cats, bears, or 
nonhuman primates of any age, to define the term ``sufficient 
distance,'' and to prohibit the public handling of young or immature 
big cats, bears, and nonhuman primates.
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    \1\ To view the notice, petition, and the comments we received, 
go to http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0107.
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    Comments were required to be received on or before October 4, 2013. 
In a subsequent notice published October 24, 2013 (78 FR 63408), we 
reopened the comment period for an additional 45 days to November 18, 
2013. We received 15,379 comments.
    We are again reopening the comment period and will accept all 
comments we receive on or before August 31, 2016.

[[Page 41258]]

We are especially interested in receiving public comments on the 
questions presented below. Responses to these questions will help 
further inform our thinking on the handling of dangerous animals:
    1. What factors and characteristics should determine if a type of 
animal is suitable for public contact? When the Animal and Plant Health 
Inspection Service (APHIS) describes an animal as dangerous, there are 
certain characteristics we use to classify the animals, such as the 
size, strength, and instinctual behavior of an animal, risk of disease 
transmission between animals and humans (i.e., zoonoses such as Herpes 
B), and ability to safely and humanely handle (or control) the animal 
in all situations.
    2. What animals should APHIS consider including under the 
definition of dangerous animals? For example, are all nonhuman primates 
dangerous? We currently identify some animals as dangerous, including, 
but not limited to, nondomestic felids (such as lions, tigers, jaguars, 
mountain lions, cheetahs, and any hybrids thereof), wolves, bears, 
certain nonhuman primates (such as gorillas, chimps, and macaques), 
elephants, hippopotamuses, rhinoceroses, moose, bison, camels, and 
common animals known to carry rabies.
    3. What animals may pose a public health risk and why? What risks 
does public contact with dangerous animals present to the individual 
animal and the species and why?
    4. What are the best methods of permanent, usable animal 
identification for dangerous animals?
    5. What are the most humane training techniques to use with 
dangerous animals?
    6. What scientific information (peer-reviewed journals preferred) 
is available that identifies the appropriate weaning ages for 
nondomestic felids, bears, elephants, wolves, nonhuman primates, and 
other dangerous animals?
    7. What industry, organizational, or governmental standards have 
been published for the handling and care of dangerous animals?
    8. What constitutes sufficient barriers for enclosures around 
dangerous animals to keep members of the public away from the animals? 
What methods (structures, distance, attendants, etc.) are needed to 
prevent entry of the public into an enclosure and keep the animal safe 
while still allowing for meaningful viewing?
    In addition to inviting the public to comment on these questions, 
we are making available for the public a Web site \2\ containing 
background information on the topics explained in this notice. We also 
plan to convene three virtual listening sessions during the summer, 
allowing stakeholders to participate regardless of their location 
before the close of the public comment period. The dates of each 
virtual listening session are as follows:
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    \2\ https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/Handling-Dangerous-Animals-Feedback-Page.
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     June 29, 2016, 1 p.m. to 3 p.m. eastern time (ET);
     July 6, 2016, 1 p.m. to 3 p.m. ET; and
     August 4, 2016, 1 p.m. to 3 p.m. ET.
    Persons wishing to participate in the virtual listening sessions 
are required to register prior to the session. Links for registering to 
participate in each listening session are included in the Web site in 
footnote 2. Upon registration, participants will be provided with a 
call-in number and access code. The virtual listening sessions will 
provide the public with opportunities to share their views on the 
handling of dangerous animals and provide us with additional material 
to inform our thinking on this topic.

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.

    Done in Washington, DC, this 21st day of June 2016.
William H. Clay,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-14976 Filed 6-23-16; 8:45 am]
 BILLING CODE 3410-34-P